A felony conviction for fleeing and eluding in Florida is not one to take lightly. Once you have a felony on your record, you will likely struggle to find employment. You may be fired from your current job, and have any professional licenses revoked. Additionally, if you are looking to rent a house or apartment, it will be difficult. Most landlords run background checks, and a felony conviction may result in a denial of tenancy.
For these reasons, you must hire an aggressive criminal defense attorney to fight for your rights in court. At Weinstein Legal Team, attorney Matt Shafran will work tirelessly on your case.
If you require a fleeing and eluding attorney in Florida, contact Weinstein Legal Team today, at 888-626-1108, for an entirely free case evaluation.
Aggravated Fleeing and Eluding Definition
While all charges of fleeing and eluding in Florida are felonies, aggravated fleeing and eluding is much more serious. These charges may involve the injury or death of another person as a result of fleeing an officer. They may include charges regarding leaving the scene of an accident or trying to evade a law enforcement vehicle while driving recklessly or at high speed.
If you are convicted of aggravated fleeing and eluding that caused serious bodily injury or death, you face a mandatory minimum of three years in prison. Do not face these charges in court alone. You need an experienced fleeing and eluding defense attorney by your side.
The penalties for fleeing and eluding in Florida are steep and severe. As a criminal charge, you may face trial by judge and jury. If it gets that far, you want a fleeing and eluding defense attorney who has already been on the file for a while. Your attorney may be able to negotiate a plea deal, avoiding court, or resulting in lesser charges that enable you to avoid a felony conviction.
The Three Felony Tiers
Every fleeing and eluding charge in Florida is a felony, but the degree depends on how the flight unfolded.
- Failing or refusing to stop when an officer orders you to, or driving off after stopping, is a third-degree felony punishable by up to five years in prison and a $5,000 fine (§ 316.1935(1)).
- Fleeing from a marked patrol car with its lights and siren on is also a third-degree felony (§ 316.1935(2)).
- Doing that at high speed, or in a way that shows wanton disregard for the safety of people or property, is aggravated fleeing and eluding, a second-degree felony punishable by up to 15 years in prison and a $10,000 fine (§ 316.1935(3)(a)).
- When that high-speed flight causes serious bodily injury or death, it is a first-degree felony punishable by up to 30 years in prison, and the court must impose a three-year mandatory minimum (§ 316.1935(3)(b)).
- Leaving a crash you were involved in and then fleeing an officer is charged separately as aggravated fleeing under § 316.1935(4) when the flight injures someone or damages their property: a second-degree felony, or a first-degree felony with the same three-year minimum if someone is seriously hurt or killed.
Prison Time, Fines, and Forfeiture
The penalties for fleeing and eluding in Florida vary by case. Aggravated fleeing and eluding that results in serious bodily injury or death carries a three-year mandatory minimum, and the judge can go well beyond it. If a death occurs as a result of the crime, you may also face charges of vehicular homicide. The three-year minimum has to be served in full before any form of early release.
You may also be sentenced to probation and community service, as well as hefty fines and penalty fees. Your vehicle will be taken into police custody at the time of the arrest. Even if the vehicle belongs to another person, and you were driving, it will be deemed contraband and seized by law enforcement.
Loss of Driver's License
Additionally, a conviction for fleeing and eluding in Florida will result in the loss of your driver's license for a minimum of one year. Losing your driver's license can have a significant impact on your life. You may be unable to commute to work and lose your job, be unable to get yourself and your children to appointments and obligations, and have a difficult time completing basic everyday errands and tasks.
Under the fleeing and eluding definition and punishment section of Florida law, it states that a judge has the discretion to suspend your license for up to five years. Do not take a chance and face a charge like this in court alone. You need the most aggressive fleeing and eluding defense attorney fighting to keep you out of prison, off probation, and in possession of your driver's license.
If you are facing charges for fleeing and eluding, there are defenses that an experienced attorney will employ. First, under the state fleeing and eluding definition, you must knowingly and willingly fail to stop for a police officer and attempt to leave the scene. If it is not apparent that the vehicle trying to stop you is law enforcement, you may have a great fleeing and eluding defense.
The fleeing and eluding definition states that a law enforcement vehicle must have jurisdictional markings that are prominent and easy to see, with sirens and lights activated during their attempt to stop you. If this is not the case, a criminal defense attorney will make this argument in court.
Fleeing charges are often filed alongside DUI, resisting arrest, and other criminal traffic charges, and the defense has to address every count together.
Never face criminal charges in court alone, especially felony charges. The risk is too high, and you have too much to lose. What you need is an experienced, aggressive, and dedicated fleeing and eluding defense attorney on your side. An attorney who will not stop fighting for your rights no matter what.
Matt Shafran, Partner of the Criminal Defense Division at Weinstein Legal Team, is the attorney to turn to. Mr. Shafran is a former prosecutor, which means he is well-versed in tactics that the opposing side will use in an attempt to convict you. Do not allow this to happen. With four offices across South and Central Florida, we are ready to fight on your behalf:
Contact Weinstein Legal Team today and ask for fleeing and eluding defense attorney Matt Shafran. You will receive a FREE case evaluation.
